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Jurisdiction – Maritime – Jury trial
Where (1) a plaintiff filed suit in state court, asserting a claim of negligence based on an accident that occurred while he was disembarking from a boat in Nantucket, (2) the defendant removed the action on the ground that it involves a matter within the exclusive maritime jurisdiction of the United States, and (3) the plaintiff has moved to remand the matter to state court based on 28 U.S.C. §1[...]
Immigration – EB-1 visa
Where a plaintiff tattoo artist has brought an action challenging the denial of an EB-1 “Einstein” visa, the defendants’ motion for summary judgment should be granted because the plaintiff has failed to show that U.S. Citizenship and Immigration Services acted in an arbitrary or capricious manner when it determined that he failed to demonstrate extraordinary ability under 8 U.S.C. §1153(b)([...]
Securities – Fraud
Where a putative class action has been brought by plaintiffs alleging that class members were harmed when they purchased common stock at prices inflated by false and misleading statements, a motion to dismiss should be denied as to challenged statements regarding “forced bundling” but otherwise allowed.
Elections – Citizenship verification – Executive order
Where the plaintiffs, eight nonprofit organizations involved with voter education and advocacy, have challenged Sections 2 and 3 of Executive Order 14399 (“Ensuring Citizenship Verification and Integrity in Federal Elections”), a motion to dismiss the complaint should be allowed in part and denied in part.
Employment – Joint employer status – FLSA
Where a plaintiff courier filed a complaint alleging that he was misclassified as an independent contractor, a motion by one of the defendants to dismiss the complaint should be allowed because the plaintiff has failed to plausibly allege that the defendant was his joint employer under the Fair Labor Standards Act or Massachusetts law.
Search and seizure – Particularity – Basement
Where a defendant charged with three firearms offenses has moved to suppress evidence found during a search of his home conducted pursuant to a warrant, that motion should be denied despite the defendant’s contentions that (1) the warrant was invalid because its description of the place to be searched did not satisfy the Fourth Amendment’s particularity requirement, (2) the warrant did not aut[...]
Tort – Privacy – Battery
Where a plaintiff has alleged that the defendant forcefully slapped her during sex, sexually assaulted her while she was sleeping and took nude photos of her without her knowledge or consent, the defendant’s motion for judgment on the pleadings should be allowed as unopposed with respect to Count 2 (assault) and Count 5 (common-law intrusion upon seclusion), but denied with respect to Count 1 (b[...]
Education – Parental objection – Kindergarten curriculum
Where a plaintiff has objected to the content of certain books concerning sexual orientation and gender identity that are included in the kindergarten curriculum being used to teach his 5-year-old son, a motion by the defendants to dismiss the complaint should be allowed in part and denied in part.
Social services – Disability
Where an administrative law judge denied a plaintiff’s application for Social Security Disability Insurance (SSDI) benefits, that decision should be affirmed despite the plaintiff’s contention that ALJ erred by giving less weight to the opinion of her treating physician than the opinions of two state-agency medical consultants who did not personally examine her.
Jurisdiction – Diversity – Nominal parties
Where plaintiffs have moved for a remand following removal, that motion should be denied because parties named as reach-and-apply defendants are merely nominal parties, so their citizenship thus does not affect the diversity-jurisdiction analysis.
Immigration – Habeas corpus – I-130 application
Where a petitioner who is detained in Plymouth County Correctional Facility has requested habeas corpus relief, his petition should be granted because he has successfully established a due process violation under Mathews v. Eldridge, 424 U.S. 319, 332 (1976).
Administrative – Grants – Termination
Where plaintiffs have requested a declaratory judgment regarding the “Termination Clause” in 2 C.F.R. §200.340, that request should be granted because the clause does not permit agencies to terminate grants based on program goals and agency priorities identified after grants were awarded.
